4/20 by the Numbers
As April 20th approaches, attorney Seth Morris breaks down some of the numbers behind the day celebrated by marijuana enthusiasts across the United States. This blog will cover a variety of different topics regarding the legality, popularity, and potential penalties of marijuana possession or distribution. Each number will be followed by a marijuana related statistic.
Zero is the percent of times you must consent to a search of your vehicle or home if the law enforcement officer does not have a warrant. This does not mean there has to be a confrontation when denying law enforcement the ability to search your property. A polite response such as, “I do not consent to searches,” will allow you to protect your Fourth Amendment rights. However, if law enforcement does have probable cause to search your vehicle, you will be unable to deny them access.
According to the 2018 Farm Bill, any product with 0.3% THC by volume or less is no longer considered marijuana, but is instead considered industrial hemp and therefore legal to own. However, this issue is complicated, and Nebraska’s attorney general takes the position that it is illegal under Nebraska law.
In Nebraska, any individual who possesses 1 ounce of marijuana or less is subject to a $300 infraction for their first offense. Just like a speeding ticket, possession of less than one ounce of marijuana is punishable by a small fine. Subsequent violations, however, can lead to criminal charges that lead to jail time and, consequently, more severe penalties.
You will be facing a Class III misdemeanor in Nebraska if you have been charged with the possession of more than one ounce, but less than one pound, of marijuana. A Class III misdemeanor is punishable by up to three months in jail and/or a $500 fine.
It is a Class IV felony to be arrested and convicted of possession of more than one pound of marijuana in the state of Nebraska. A Class IV felony is punishable by up to two years imprisonment, a $10,000 fine, or both.
There are currently 10 states plus the District of Columbia, that have legalized recreational marijuana at the State level.
You will be facing a possible punishment of 20 years in jail if you are arrested and convicted of possession of marijuana with the intent to distribute. A charge of possession with intent to distribute marijuana is a Class II felony in Nebraska.
Approximately 25% of Americans polled in 1995 favored the legalization of marijuana. In fact, California became the first state to legalize marijuana for medicinal use in 1995.
When asked about the amount of time that marijuana can be detectable in a urine test, 30 days is the common answer. However, laboratory tests have shown that marijuana can stay in your system for much longer or much shorter depending on how much marijuana was ingested and the way it was consumed.
There are currently 33 states in the United States of America, including the District of Columbia, that have legalized marijuana for medical use.
Donald Trump is the 45th president of the United States, and he has publicly stated that he plans on supporting the individual States with their choices of legalizing marijuana.
According to the Pew Research Center, currently 62% of Americans favor the legalization of marijuana. This shows a dramatic increase from the 25% that favored legalization in 1995.
Under Nebraska Case Law, if an officer smells marijuana in your vehicle there is a 100% chance that they have probable cause to search your vehicle. Even if they do not have a search warrant, the smell alone can give them enough probable cause to proceed with a search.
In 2017, there were an estimated 121,000 people legally employed in the marijuana and cannabis industry according to an analysis by BDS Analytics.
An estimated 5.8 billion dollars in revenue was brought in through the sale of recreational and medicinal marijuana in 2018.
Nebraska Marijuana Defense Lawyers
The laws surrounding the possession and distribution of marijuana in Nebraska can be confusing, especially when you recognize that neighboring state Colorado has fully legalized weed for recreational use. On top of that, the amount of marijuana in your possession can drastically change the type of criminal charge you may be facing. Our team understands the laws relating to marijuana and its derivatives, and we know how to fight criminal charges related to marijuana. If you have been charged with a drug offense, please contact our marijuana defense lawyers today.